Supreme Court of India · 2007-09-14
Union Of India vs Shri Shiv Shanker Kesari
- Citation / case number
- AIR 2007 SC (SUPP) 908
- Court
- Supreme Court of India
- Petitioner
- Union Of India
- Respondent
- Shri Shiv Shanker Kesari
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, D.K. Jain
Judgment text excerpt
The Supreme Court held that the High Court's grant of bail under the Narcotic Drugs and Psychotropic Substances Act, 1985, was improper as it failed to consider the parameters set forth in Section 37, which requires the court to find reasonable grounds for believing the accused is not guilty and not likely to commit further offences while on bail. The Court emphasized that both conditions must be satisfied for bail to be granted, and since the High Court did not record findings on these conditions, the bail order was set aside. The appeal was allowed, reinforcing the stringent requirements for bail in narcotics cases.